Variation of Determination Number 1151170 - allocation of radiofrequency spectrum within the range of 87.5-88.0 MHz - 15 August 2013

Overview

The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, was designed to regulate broadcasting services in Australia and ensure they operate in a manner consistent with the public interest. The Act established the Australian Communications and Media Authority (ACMA) to oversee compliance with broadcasting standards and the efficient allocation of radiofrequency spectrum. In addressing the need for efficient spectrum management, the Act was instrumental in preventing the wastage of valuable radio frequencies and ensuring they are utilised effectively to support broadcasting services across the country. The policy objective of the Act is to provide a robust framework for the allocation and management of radio frequencies, ensuring they are available for use by broadcasters while maintaining the integrity of the broadcasting service ecosystem. The variation of Determination Number 1151170 under section 34(1) of the Broadcasting Services Act 1992, made by the ACMA on 8 August 2013, adjusted the allocation of the radiofrequency spectrum within the range of 87.5 – 88.0 MHz, extending its availability until 31 December 2014. This adjustment was intended to optimise the use of the spectrum and facilitate the continued operation of broadcasting services within this frequency range.

Scope and Application

The Broadcasting Services Act 1992, as varied by the Australian Communications and Media Authority on 8 August 2013, pertains to the allocation of radiofrequency spectrum within the range of 87.5 – 88.0 MHz throughout Australia until 31 December 2014. This variation applies to any entities or individuals involved in the broadcasting services industry who are seeking to use this specific radiofrequency spectrum. The Act operates on a national level, affecting the entire Commonwealth of Australia. The determination specifically targets the allocation of the specified radiofrequency spectrum and does not extend to other frequencies or services. The variation came into effect on 15 August 2013, and any changes or additional applications regarding this spectrum would need to be managed within the parameters set by this determination. For further information, one can obtain copies of the Determination from the Radiocommunications Licensing and Assignments Section of the Australian Communications and Media Authority.

Key Provisions

The main operative sections of this variation to Determination Number 1151170 under the Broadcasting Services Act 1992 (sections 33(3) and 34(1)) involve the amendment of Schedule 2, which pertains to the allocation of the radiofrequency spectrum. Specifically, section 33(3) of the Acts Interpretation Act 1901 allows for the amendment of the schedule to make parts of the spectrum available for allocation. This change was made to facilitate the availability of the radiofrequency spectrum within the range of 87.5 – 88.0 MHz Australia-wide until 31 December 2014, as per the Broadcasting Services Act 1992. The variation, which was made on 8 August 2013, commenced on 15 August 2013. This Act imposes certain obligations on parties or entities interested in the allocation of the specified radiofrequency spectrum. These parties must adhere to the new allocation rules established by the Australian Communications and Media Authority (ACMA). They must ensure that any use of the allocated spectrum complies with the broadcasting standards and guidelines set forth by the ACMA. Additionally, these entities must obtain the necessary licenses or permissions from the ACMA for their broadcasting activities within the specified timeframe. Failure to comply with the provisions of this variation may result in various civil or criminal consequences. The Act does not explicitly state the penalties for non-compliance, but generally, breaches of broadcasting regulations can lead to fines, revocation of broadcasting licenses, and other administrative actions as determined by the ACMA. Additionally, if the breach is severe enough, it could result in criminal charges, leading to more severe penalties. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or regulations that may apply.